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In re Alonzo C.12/21/1978
COURT OF APPEAL OF CALIFORNIA, FIFTH APPELLATE DISTRICT
Civ. No. 4133
1978.CA.40039 ; 87 Cal. App. 3d 707; 151 Cal. Rptr. 192
December 21, 1978
IN RE ALONZO C., A PERSON COMING UNDER THE JUVENILE COURT LAW. THE PEOPLE, PLAINTIFF AND APPELLANT,
v.
ALONZO C., DEFENDANT AND RESPONDENT
Superior Court of Kern County, No. 46665, Walter Osborn, Jr., Judge.
Evelle J. Younger, Attorney General, Jack R. Winkler, Chief Assistant Attorney General, Arnold O. Overoye, Assistant Attorney General, Willard F. Jones and William George Prahl, Deputy Attorneys General, for Plaintiff and Appellant.
Willard L. Weddell, Public Defender, and Gary A. Ingle, Deputy Public Defender, for Defendant and Respondent.
Opinion by Hopper, J., with Franson, Acting P. J., and Vilas, J., concurring.
Hopper
Police officers, including Officers Beltran and Emerson of the Wasco Police Department, responded to a call regarding several juveniles who were allegedly sniffing glue or paint in the alley in the 1100 block of E Street in Wasco. When Officer Beltran arrived at the alley, he saw a group of several young boys in one of the back yards which faced the alley. Some of the boys were sitting, some standing, and some were leaning on the fence. As the officers approached, the boys ran away.
Respondent Alonzo C. (Alonzo) ran toward Officer Beltran's patrol car and the officer got out of his car and apprehended Alonzo. Officer Beltran could smell an odor of paint on Alonzo's breath. Alonzo also had traces of silver paint in his nostrils and on his hands.
Officer Emerson told Officer Beltran that Alonzo had thrown some clothing down as he ran. Officer Beltran returned to the yard where the boys had been and found three spray cans and a Rustoleum can. Each paint can contained silver paint. In addition, the officers found four socks containing silver paint. The officers also found a radio in the area where the boys had been which matched the description of a radio which had been taken from the home of Joe Montecino during a recent burglary.
Before transporting Alonzo to the police station, Officer Beltran placed him under arrest for having violated Penal Code section 381. Officer Beltran did not actually see Alonzo putting a sock to his mouth, nor did he see him sniffing anything.
After arresting Alonzo, Officer Beltran patted him down and found a knife and two .22-caliber bullets which had been taken from the Montecino home during a burglary on April 3, 1978. Alonzo was taken to the police station and advised of his rights and admitted sniffing the paint.
Later, the officers obtained a warrant for the search of the residence in the back yard of which the minors had been sniffing paint. As a result of that search, the officers recovered additional property which had been taken during the Montecino burglary.
A three-count petition was filed in the Kern County Juvenile Court pursuant to Welfare and Institutions Code section 602, alleging violations of Penal Code sections 496 (receiving stolen property), 381 (sniffing of poisonous fumes), and 459 (burglary). In juvenile court, Alonzo moved to suppress the evidence seized from him and from the residence. That motion to suppress was granted on the grounds that the arrest of Alonzo was invalid and
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